2014

Library Trustee

Orientation

Presented by

NH Library Trustees

Association

Welcome!

Information packet

10 am – 1 pm

Refreshments

Restrooms

Q&A

Workshop Leader N. Loring Webster

Former Trustee, Brookline Public Library

NHLTA Vice President

Bruce Cotter Former President, Board of Trustees,

Wiggin Memorial Library, Stratham

Former Board Member, NHLTA

New Trustee Orientation - Agenda

What is a Library?

NH Laws Relative to Public Libraries

Library Trustees – A Job Description

Trustees Establish Policy

Money – The Budget Process, Managing Funds

Trustees as Employers

Trustee Meetings and the Right to Know Law

Wrap Up and Q & A

About NHLTA

Our Mission Statement

The New Hampshire Library Trustees Association educates library trustees to be knowledgeable and effective in order to serve, improve and promote New Hampshire public libraries, and advocates the right of free access to information for every person. http://www.NHLTA.org

NHLTA History and Purpose

Founded in 1957 for the purpose of developing a more effective body of public library trustees.

Aids Trustees in understanding their responsibilities and duties; keeps them informed about library developments in general; encourages them to work together for better service.

An independent non-profit organization; no affiliation with the State Library.

Does NOT receive any state or federal funding.

“The book was my best friend, it never betrayed me; it comforted me in my despair; it told me that I was not alone.”

Polish Concentration Camp Survivor

“I cannot live without books.” Thomas Jefferson

“I have always imagined that Paradise will be a kind of library.” Jorge Luis Borges (1899 - 1986)

What Is a Library?

A place in which books, periodicals, newspapers, audio and video media and many other materials are kept for reading, reference, or lending

A collection of such materials, especially when systematically arranged

An institution or foundation maintaining such a collection

-adapted from Yahoo/reference/dictionary

What Is a Library ? “A library is a place to go for a reality check, a bracing dose of literature, or a “true reflection of our history,’ whether it’s a brick-and-mortar building constructed a century ago or a fanciful arrangement of computer codes. The librarian is the organizer, the animated spirit behind it, and the navigator. Her job is to create order out of the confusion of the past, even as she enables us to blast into the future.” This Book is Overdue – Marilyn Johnson

What Is a Library Today? A resource for:

Lifelong Education

Information

Research

Group and Community Gatherings

Free Services for All Ages

“The Heartbeat of Democracy”

“An Arsenal of Liberty”

Roles for the Public Library in Our Communities

A digital activity center where you can search the web, seek a job, or connect with others

A hub that allows you to peruse genealogical records, historical maps or rare volumes without leaving home

A community hearth, where all ages can find a variety of programs to enjoy

234 NH Public Libraries

Most are municipal entities (but not answering to the Select Board).

The 13 cities have different laws and rules from towns.

There are specific NH laws regarding public libraries and empowering library trustees.

Some public libraries are private non-profit entities but still governed by State RSAs.

Libraries provide a service for which there is a cost.

NH Laws Relating to Public Libraries

RSA = NH Revised Statutes Annotated

RSA 202-A = Public Libraries

RSA 201-D:11 = Library User Confidentiality

RSA 91-A = Right to Know Law governing public meetings

RSA 32 = Municipal Budget Law

Case Law (Taylor decision: Library staff are not town employees) The local library’s bylaws and policies

The NH General Court Likes Libraries

RSA 202-A:1. Declaration of Policy. Mindful that, as the constitution declares, "knowledge and learning, generally diffused through a community" are "essential to the preservation of a free government," the legislature recognizes its duty to encourage the people of New Hampshire to extend their education during and beyond the years of formal education. To this end, it hereby declares that the public library is a valuable supplement to the formal system of free public education and as such deserves adequate financial support from government at all levels.

The Public Library is for EVERYBODY

RSA 202-A:4. Maintenance. Any city or town having a public library shall annually raise and appropriate a sum of money sufficient to provide and maintain adequate public library service therein or to supplement funds otherwise provided.. RSA 202-A:5. Status. Every public library shall remain forever free to the use of every resident of the town wherein it is located.

The Public Library is for EVERYBODY (Cont)

RSA 202-A:6. Library Trustees; Election; Alternates. The library trustees shall have the entire custody and management of the public library and of all the property of the town relating thereto, including appropriations held pursuant to RSA 202-A:11, III, but excepting trust funds held by the town. Any town having a public library shall, at a duly warned town meeting, elect a board of library trustees consisting of any odd number of persons which the town may decide to elect.

Such trustees shall serve staggered 3-year terms or until their successors are elected and qualified. There may be no more than 3 alternates as provided in RSA 202-A:10.

Confidentiality – RSA 201-D:11 I. Library records which contain the names or other

personal identifying information regarding the users of public or other than public libraries shall be confidential and shall not be disclosed except as provided in paragraph II. Such records include, but are not limited to, library, information system, and archival records related to the circulation and use of library materials or services, including records of materials that have been viewed or stored in electronic form.

Confidentiality – RSA 201-D:11 (continued)

II. Records described in paragraph I may be disclosed to the extent necessary for the proper operation of such libraries and shall be disclosed upon request by or consent of the user or pursuant to subpoena, court order, or where otherwise required by statute.

Power But Not Pay

202-A:14 Compensation of Trustees. – No trustee of any public library shall receive any compensation for any services rendered as such trustee, unless compensation is stipulated in the terms of the bequest or gift establishing the library. Trustees may be reimbursed, however, for necessary travel expenses to attend professional meetings.

Library Trustees in NH are Powerful Elected Officials

RSA 202-A:6

“The library trustees shall have the entire custody and management of the public library and of all the property of the town relating thereto …”

What Are the Responsibilities of a Trustee?

Trustee Responsibilities are defined by laws of N.H. known as R.S.A.’s (Revised Statutes Annotated)

RSA 202-A is the one that addresses libraries

Essentially, Trustees have three principal responsibilities

- To write the policies that govern the library

- To ensure that the library is sufficiently funded

- To appoint/hire and oversee a library director

Trustees Establish Policies

Policies are required by law.

If you don’t adopt them, they “just happen.”

Policies provide guidance to board, staff, and patrons.

Policies assure consistency, comfort and trust.

To learn more about establishing policies, take NHLTA workshops and other training.

Four Tests of a Legal and Enforceable Policy

1. It must comply with current statutes and court cases.

2. It must be reasonable (and all penalties must be reasonable).

3. It must be clear (not ambiguous or vague).

4. It must be applied without discrimination.

Review them and update on a regular basis and provide time for board review and updates.

Trustees Adopt & Manage Budgets

202-A:11 Powers and Duties

II. Prepare an annual budget indicating what support and maintenance of the free public library will be required out of public funds for submission to the appropriate agency of the municipality. A separate budget request shall be submitted for new construction, capital improvements of existing library property; [gross budgeting required - RSA 32:5 III]

Gross Budgeting Required

Gross Budgeting Is Required by RSA 32:5 III:

Definition: “All appropriations recommended shall be stipulated on a "gross'' basis, showing anticipated revenues from all sources, including grants, gifts, bequests, and bond issues, which shall be shown as offsetting revenues to appropriations affected.”

Revenues to be shown: anticipated income from fines, fees, donations, etc.

Trustees Spend Money

III. Expend all moneys raised and appropriated by the town…

IV. Expend income from all trust funds... in accordance with the conditions of each donation or bequest accepted by the town

202-A:4-c Trustees' Authority to Accept and Expend Gifts... any town at an annual meeting may adopt an article authorizing... the public library trustees to apply for, accept and expend...unanticipated money... which becomes available during the fiscal year.

Sources of Library Money

PUBLIC MONEY - from the taxpayers

PRIVATE MONEY - from private donations, fine money, money from income-generating equipment*, gifts*, grants*, trusts [*requires town meeting vote once] – require board action to accept these funds. Ref: RSA 202-A:4-c, -d

Attend NH Attorney General (Terry Knowles) meetings in the Spring or at NHLTA conference to learn how to handle various types of money.

Managing to a Budget Choose a strong Treasurer

Monthly Treasurer’s Report to the Trustees

Cannot overspend the bottom line

Several ways to manage the money:

Allow the town to serve as your bookkeeper.

Use town for payroll services, but manage the rest of the money yourself.

Handle ALL the money, with the town transferring appropriation to the trustees quarterly.

Segregation of Funds RSA 202-A:11, III: “All money received from fines and payments for lost or damaged books…shall be used for general repairs and upgrading, and for the purchase of books, supplies and income-generating equipment, shall be held in a nonlapsing separate fund and shall be in addition to the appropriation;”

Need to account for fines, fees, etc., separately from public funds so that they do not lapse to the General Fund at year end as public funds do.

Do not have to hold funds in separate checking accounts, so long as accounting is clear.

If You Manage the Checkbook Yourself

Should have a memo of understanding between the Town and Library for timing of distribution of funds by the Town Treasurer. (RSA 202-A:11, III)

Trustees should sign monthly check register.

Bank account requires two Trustee signatures (at least over some set amount).

Preparing a Budget – Process for “Town Meeting” Towns

Preliminary budget - Fall

- Director prepares

- BOT reviews and approves

Selectmen set targets – January

Revised budget – January

Meet w/Selectmen/Budget Committee – Feb

Final Budget – approved by Selectmen – Feb

Final Budget – approved at Town Meeting

Preparing a Budget – Process for “SB2” Towns

Preliminary budget – Late Summer/Early Fall

- Director prepares

- BOT reviews and approves

Selectmen set targets – August-September

Meet w/Selectmen/Budget Committee – October-November

Final Budget – approved by Selectmen – January

Deliberative Session – early February

Final Budget – approved by voters in March

Preparing a Budget – Process for Cities

Each city has its own process, which can vary from one administration to the next.

The basics:

1. Cities have a mayor and a city council or board of aldermen who set the budget.

2. Library Trustees may make recommendations to the mayor and the council or may just work on managing with the budget they are given.

Example #1: Manchester

(Information provided by current Manchester trustee)

Timetable Activity

Oct/Nov Mayor presents tentative operating figures to Dept Heads.

Oct/Nov Library Director drafts 2 budgets—one for actual needs, one to fit mayor’s targets.

Oct-March Director, Deputy Director, and Treasurer meet with Mayor for budget discussions.

March 31 Mayor presents final budget to Board of Aldermen.

April/May Director presents impact statement to Board of Trustees.

April/May Library presents impact statement to Mayor and Aldermen.

May/June Trustees approve final budget after City approves City budget.

June 30 City budget in place, including library budget.

Example #2: Claremont

1. Librarian and City Manager work together to come up with the Library’s annual budget.

2. City Manager and Library Director present budget to City Council.

3. Budget finalized by City Council.

Trustees have no involvement in the budget setting process in Claremont.

(Information provided by former Claremont trustee)

Advocating for Your Budget

Present the budget in the context of the library’s mission, goals, objectives.

Share statistics on circulation, programs, collection—opportunity to educate the public!

Know what share of the town budget the library represents.

Know what the library costs taxpayers annually.

Pennies on the tax rate

Dollars per capita or per average household

The Library is one of the best deals in Town!

Break Time – Take 10

Trustees Are Employers

Hiring, evaluating, dismissing Librarian and staff - see RSA 202-A:17); Supervising and reviewing the Librarian, but not the staff or volunteers Setting annual goals Setting compensation

Attend NHLTA and Dept. of Labor training sessions.

Trustees Are Employers (Cont.)

202-A:11 (Powers & Duties of Library Trustees) Appoint a Librarian who shall not be a trustee and, in consultation with the Librarian, all other employees of the library and determine their compensation and other terms of employment ...

Library employees are NOT town employees, they are employees of the Library Board of Trustees (NH Supreme Court, Taylor decision)

Hiring a Librarian RSA 202-A:15 Public Librarian; Qualification and

Tenure

“The librarian shall be appointed by the board of library trustees for a term of office agreed to at the time of employment and until a successor is appointed and qualified.”

Protects the librarian from arbitrary termination.

Protects the library from an extended term of unsatisfactory performance.

Renewal is a mutual decision of the Board and the Librarian.

Hiring/Removal of Staff

RSA 202-A:17 Employees; Removal

“No employee of a public library shall be discharged or removed from office except by the board of trustees for malfeasance, misfeasance, or inefficiency in office, or incapacity or unfitness to perform the employee’s duties.”

Notice and the opportunity for a public hearing must be provided.

The library staff are NOT “at will” employees.

Working Together

Trustees (Governing Board)

Librarian, Staff and Volunteers

Friends of the Library groups

Trustees, Librarian and Staff

The Trustees are the governing body of the Library. They are responsible for policies, for budgeting and for hiring a competent staff.

The Librarian is responsible for day-to-day operations, supervising staff and volunteers, and maintaining a collection of media consistent with the educational and entertainment needs of the community.

The staff are responsible to the Librarian.

The Friends of the Library

Provide funds and support for the Library

Meet regularly, usually at the Library

Undertake fundraising activities

Provide hospitality for Library events

Strongly advocate for the Library

The Friends are GENEROUS supporters and important allies!!!

Volunteers Volunteers can be used in a variety of ways to supplement but not replace the staff.

Appropriate tasks include shelving, stamping, installing dust covers, etc.

Volunteers report to the Librarian.

A background check should be required for all employees and volunteers who have contact with children.

Board of Trustees Meetings Send out an agenda at least several days ahead.

Stick to the agenda.

Meetings generally occur monthly and last from an hour and a half to two hours.

Address new and ongoing business of the library.

Review library policies, update, and approve them on a regularly scheduled basis.

Review finance, fundraising, and director’s reports.

Chair is in charge and in control! Robert’s Rules or Alice Sturgis Standard Code of Parliamentary Procedure provide guidance for an orderly meeting.

Board Meeting Evaluation

Evaluate the effectiveness of the board meetings periodically and make necessary adjustments.

A timed agenda can improve meeting effectiveness.

Make sure all participants stay involved.

Keep track of on-going actions, pending matters.

RSA 91-A The Right To Know Law

Meetings must be open to the public.

Meetings must be posted in 2 places at least 24 hours prior to the meeting.

Minutes must be kept, and draft minutes must be available to the public not more than 5 business days after the meeting.

Serial communications may not be used to contravene the spirit of the law. NO deliberations or decisions via email, other than setting meeting dates.

RSA 91-A The Right to Know Law

“202-A:3-a Records and Meetings Subject to Right-to-Know Law. A public library established or accepted by a town or city shall be deemed a “public agency,” and the library trustees a “public body,” for purposes of RSA 91-A, and they shall be subject to all applicable provisions of that chapter; provided, however, that any books, documents, records, or other information maintained by a public library that is exempted or protected from disclosure by other provisions of law shall not be subject to disclosure under RSA 91-A.”

Approved: May 29, 2012; Effective Date: July 28, 2012;Chapter 96, NH Laws of 2012

RSA 91-A The Right To Know Law Exceptions: 91-A:3 Nonpublic sessions for:

(a) Dismissal, promotion or compensation…

(b) The hiring of any person as a public employee

(c) Matters which would likely adversely affect the reputation of any person other than the BOT

(d) Acquisition, sale or lease of property

(e) Pending claims or litigation until finally adjudicated

Note: Procedures for Nonpublic sessions are different. See RSA 91-A.

12 Golden Rules for Board Members

1. Before you accept a position on the Board, commit yourself to attending every meeting.

2. Contribute towards Board business by sharing your knowledge, experience and time.

3. Get involved with your organization! If it offers services to the public attend its programs whenever possible.

4. Take responsibility for doing things that you say you’ll do.

Clear logic consulting group

12 Golden Rules for Board Members

5. Be a promoter. Tell others about the value of your organization’s products and services.

6. Communicate regularly with members of the community or group you represent, so you can bring forward their needs and opinions. Keep them informed of Board activities.

7. Listen to the advice of the community, to your fellow Board members, and to the organization’s Executive Director.

8. Be positive about your organization and its Board in public, even if you don’t agree with some of its decisions.

Clear logic consulting group

12 Golden Rules for Board Members

9. Speak up when you disagree with an item being considered by the Board, but concede graciously if the majority doesn’t agree with your rationale.

10. Prepare for Board meetings, so that you can be an effective contributor.

11. Maintain the confidentiality of the Board.

12. Have fun, and enjoy the feeling of contributing something positive to your community!

Clear logic consulting group

Library Advocacy

Advocacy is the act of supporting, educating, or recommending for a cause, idea or policy.

Advocating for a library includes:

educating the public and policymakers about the current and evolving roles and values of libraries

promoting library programs, and

seeking adequate financial support.

Library Advocacy Things you should know about your library

Staff, Friends, Key Volunteers

Strengths, Programs, Collections

What makes your library special?

What are your library’s goals for the next year and into the future?

Your key audiences: town officials, managers

Advocates Are the Voice of the Library

Wear your library hat at all times.

Create a 3-minute “elevator” speech and be prepared to deliver it anytime, anywhere.

“Speak Up, Speak Out,

Speak For… Libraries”

Closing Comments

Watch your inbox for a link to the evaluation survey for today’s workshop.

Plan to attend the NHLTA Annual Conference on May 19 at the Grappone Center, Concord. Brochure and registration form on the NHTLA website:

www. nhlta. org

NHLTA Resources NHLTA Board Members

NHLTA Conferences and Workshops

2011 Trustee Manual

NHLTA Newsletter

NHLTA Web Site : http://www.NHLTA.org

(join listserve via link on Home Page)

ListServe: to post a message, send email to

NHLTA-L@maillist2.nh.gov

Questions ? Ideas?

Share ideas with some of the best resources available - your fellow Library Trustees! Thank you for coming today and for volunteering to be a trustee!